cpsc.gov | - solicitationfcontract/order for ...(513) 608-8572 cell 1 requisition number...

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SOLICITATIONfCONTRACT/ORDER FOR COMMERCIAL ITEM OFFEROR TOCOMPLETliBLOCKS 12,17, 23, 24, /I. 30 7. FOR SOUCITAnON INFORMATION CALL: 8 ISSUED BY CODE FMPS CONSUMER PRODUCT SAFETY COMMISSION DIV OF PROCUREMENT SERVICES 4330 EAST WEST HWY ROOM 517 BETHESDA MD 20814 I L DELIVERY FOR FOB DESTINA,. 12, DISCOUNT TERMS TION UNLESS BLOCK IS MARKED Net 30 OSEE SCH5IlULE 15, DELIVER TO CODE LS CONSUMER PRODUCT SAFETY COMMISSION DIRECTORATE FOR LABORATORY SCIENCES 10901 DARNESTOWN ROAD GAITHERSBURG MD 20878 171, CONTRACTOR! OFFEROR BUCKHORN INC ATTN RAY PEYTON 55 WEST TECHNECENTER DRIVE !lILFORD OH 45150 (513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10, THIS ACQUiSITION IS (N.coiIectcm) IK UNRESTRICT5Il OR o SET ASIDE: % FOR. o SMALL BUSINESS DEMERGING SMALL BUSINESS NAlCS: o HUBZONE SMALL BUSINESS oSOLE SOURCE SIZE STANDARD' o SERVIC E·OISABLEO VETERAN. 06lA) 0130, THIS CONTRACT IS A RATED ORDER UNDER DPAS (1SCFR 700) 16, ADMINISTERED BY O\l\'l'.lEO SMALL BUSINESS 13., RATING ,. METHOD OF SOUCITAllON IilRFQ OIFB 0 RFP CODE FMPS CONSUMER PRODUCT SAFETY COMMISSION DIV OF PROCUREMENT SERVICES 4330 EAST WEST HWY ROOM 517 BETHESDA MD 20814 lSa, PAYMENT Will BE MADE BY CODE FMFS CONSUMER PRODUCT SAFETY COMMISSION DIVISION OF FINANCIAL SERVICES 4330 EAST WEST HWY ROOM 522 BETHESDA MD 20814 017., CHECK IF REMITTANCE IS DIFFERENT AlND PUT SUCH ADDRESS IN OFFER lSI>, SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 1Sa UNLESS BLOCK BELOW '5 CHECKED OSEE ADDENDUM 19, ITEM NO, DUNS Number: 20, SCHEDULE OF SUP!'LIESISERVICES 21, QUANTITY 22, UNIT 23. UNIT PRICE 2' AMOUNT THE CONTRACTOR SHALL PROVIDE THE FOLLOWING: ORDER TO BE DELIVERED F.o.b. Destination U.S. Consumer Product Safety Commission Directorate for Laboratory Sciences 10901 Darnestown Road Gaithersburg, MD 20878-2611 to: (Use Reverse and lor Attach Additional Sheets as Necessary) 25, ACCOUNTING AND APPROPRIAnON DATA 126 TOTAL AWARD AMOUNT (For Govt. Use Only) 0:00A10DCC-2010-9994200000-EXITAS2400-261aO $69,336.00 o 27a. SOLICITAnON INCORPORATES BY REFERENCE FAR 52.212·1,52,212-4, FAR 52.212·3 AND 52212,5 ARE ATTACHED, ADDENDA AR N TATTA H DEC ARE 0 C ED, iXl27b CDNTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52,212-4. FAR 52.212·5 IS ATTACHED, ADDENDA IJlI ARE DARE NOT ATTACHED 028. CONTRACTOR IS REOUIRED TO SIGN THIS DOCUMENT AND RETURN 00 2S. AWARD OF CONTRACT REF. _________ OFFER COPIES TO ISSUING OFFICE CONTRACTOR AGREES TO FURNISH AND DELIVER DATED YOUR OFFER ON SOLICITATION (BLOCK 5)ALL ITEMS SET FORTH OR OTHERVII1SE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN 3oa, SIGNATURE OF OFFERORICONTRACTOR JOb, NAME AND TITLe OF SIGNER (Type or print) ._-- ... _.",DINGANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

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Page 1: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

SOLICITATIONfCONTRACTORDER FOR COMMERCIAL ITEM OFFEROR TOCOMPLETliBLOCKS 1217 23 24 I 30

7 FOR SOUCITAnON

INFORMATION CALL

8 ISSUED BY CODE FMPS

CONSUMER PRODUCT SAFETY COMMISSION DIV OF PROCUREMENT SERVICES 4330 EAST WEST HWY ROOM 517 BETHESDA MD 20814

I L DELIVERY FOR FOB DESTINA 12 DISCOUNT TERMS TION UNLESS BLOCK IS MARKED Net 30

OSEE SCH5IlULE

15 DELIVER TO CODE LS

CONSUMER PRODUCT SAFETY COMMISSION DIRECTORATE FOR LABORATORY SCIENCES 10901 DARNESTOWN ROAD GAITHERSBURG MD 20878

171 CONTRACTOR OFFEROR

BUCKHORN INC ATTN RAY PEYTON 55 WEST TECHNECENTER DRIVE lILFORD OH 45150

(513) 608-8572 cell

1 REQUISITION NUMBER

REQ-2400-10-0191 5 SOLICITATION NUMBER CPSC-Q-10-0105

b TELEPHONE NUMBeR

301-504-7033 10 THIS ACQUiSITION IS

(NcoiIectcm)

IK UNRESTRICT5Il OR o SET ASIDE FOR

oSMALL BUSINESS DEMERGING SMALL BUSINESS

NAlCS o HUBZONE SMALL BUSINESS

oSOLE SOURCE

SIZE STANDARD oSERVIC EmiddotOISABLEO VETERAN 06lA)

0130 THIS CONTRACT IS A RATED ORDER UNDER DPAS (1SCFR 700)

16 ADMINISTERED BY

OlllEO SMALL BUSINESS

13 RATING

METHOD OF SOUCITAllON

IilRFQ OIFB 0 RFP

CODE FMPS

CONSUMER PRODUCT SAFETY COMMISSION DIV OF PROCUREMENT SERVICES 4330 EAST WEST HWY ROOM 517 BETHESDA MD 20814

lSa PAYMENT Will BE MADE BY CODE FMFS

CONSUMER PRODUCT SAFETY COMMISSION DIVISION OF FINANCIAL SERVICES 4330 EAST WEST HWY ROOM 522 BETHESDA MD 20814

017 CHECK IF REMITTANCE IS DIFFERENT AlND PUT SUCH ADDRESS IN OFFER lSIgt SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 1Sa UNLESS BLOCK BELOW 5 CHECKED OSEE ADDENDUM

19 ITEM NO

DUNS Number

20 SCHEDULE OF SUPLIESISERVICES

21 QUANTITY

22 UNIT

23 UNIT PRICE

2 AMOUNT

THE CONTRACTOR SHALL PROVIDE THE FOLLOWING

ORDER TO BE DELIVERED Fob Destination US Consumer Product Safety Commission Directorate for Laboratory Sciences 10901 Darnestown Road Gaithersburg MD 20878-2611

to

(Use Reverse andlor Attach Additional Sheets as Necessary)

25 ACCOUNTING AND APPROPRIAnON DATA 126 TOTAL AWARD AMOUNT (For Govt Use Only)

000A10DCC-2010-9994200000-EXITAS2400-261aO $6933600 o 27a SOLICITAnON INCORPORATES BY REFERENCE FAR 52212middot152212-4 FAR 52212middot3 AND 522125 ARE ATTACHED ADDENDA AR N TATTA HDEC ARE 0 C ED

iXl27b CDNTRACTPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52212-4 FAR 52212middot5 IS ATTACHED ADDENDA IJlI ARE DARE NOT ATTACHED

028 CONTRACTOR IS REOUIRED TO SIGN THIS DOCUMENT AND RETURN 00 2S AWARD OF CONTRACT REF _________ OFFER

COPIES TO ISSUING OFFICE CONTRACTOR AGREES TO FURNISH AND DELIVER DATED YOUR OFFER ON SOLICITATION (BLOCK 5)bull

ALL ITEMS SET FORTH OR OTHERVII1SE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN

3oa SIGNATURE OF OFFERORICONTRACTOR

JOb NAME AND TITLe OF SIGNER (Type or print)

_-- _DINGANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

2 of 25

19 ITEIANO

20 SCHEDULE OF SUPPLIE SlSERVICES louimv 22

UNIT 23

UNIT PRICE 2bull

AMOUNT

Delivery 60 Days After Award

0001 PiN BS7048502010002 Bulkhorn Extended Length

Co llaps ibl e Bulk Container 70x48x50

colorBlack

120 EA 31500 3780000

0002 PiN TV7048020010000 LID for 70x48x50 Buckhorn

Extended Length Collapsible Bulk Container

colorBlack

120 EA 5900 708000

0003 PIN BE484550B010000 Bulkhorn Extended Height

Collapsible Bulk Container 48x45x50

colorB1ack

80 EA 27600 2208000

0004 PiN BE484S030010000 LID for 48x4SxSO Buckhorn

Extended Height Collapsible Bulk Container

colorBlack

80 EA 2970 237600

OOOS PIN 0604CHMXP126000 Peel amp Stick Molded P1astic

Card Holder colorBlack (will be installed at

Continued

200 EA 000 000

32a QUANTITY IN COLUMN 21 HAS BEEN ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS o RECEIVED o INSPECTED o NOTED

32b SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 132C DATE

32 MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 SHIP NUMBER ~4 VOUCHER NUMBER 35 AMOUNT VERIFIED CORRECT FOR

o PARTIAL o FINAL

38 SIR ACCOUNT NUMBER 39 SIR VOUCHER NUMBER 40 PAID BY

41a I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b SIGNATURE AND mLE OF CERTIFYING OFFICER 41c DATE

32d PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

321 TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 PAYMENT 37 CHECK NUMBER

o COMPLETE o PARTIAL o FINAL

42a RECEIVED BY (Print)

42b RECEIVED AT (Location)

42c DATE RECD (YYIMMlDD) I42d TOTAL CONTAINERS

STANDARD fORM 144 jilIN 3005) SACK

25

FERENCE NO OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET PSC-S-10-0106

NAME OF OFFEROR OR CONTIVICTOR

BOCKHORN INC

ITEM NO I(Al

time of production the containers)

SUPPlIESISERVICES

(8)

and is included in price of

QUANTiTY ~ UNIT PRICE

(C) (E) AMOUNT

(F)

I ICPSC Point of Contact Wanda Spinner (301)

504-7111

The total amount of award $6933600 The obligation for this award is shown in box 26

NSN 754001middot152middot8067 OPTIONAl FOR 336 (4middot86) SnsQd by GSA FAR (48 CFR) 53 j 10

LC IB CONTRACTORS NOTE - DELIVERIES TO THE CPSC LABORATORY SITE GAITHERSBURG MARYLAND

Delivery Address Directorate for Laboratory Sciences US Consumer Product Safety Commission 10901 Darnestown Rd (MD route 28) Gaithersburg MD 20878 301-424-6421 x 101 (main reception)xl (Directors Office)

The Consumer Product Safety Commission (CPSC) Laboratories are located in Gaithersburg MD The entrance to the Laboratory site is protected by a security gate which is normally closed during business hours If the gate is closed use the intercom box at the gate to request entry All visitors must report to Building B which is adjacent to the main parking lot

Deliveries may not be left outside any building or loading dock unless specifically directed by appropriate CPSC staff All deliveries shall be considered inside deliveries to the appropriate building in accordance with the instructions below When scheduling deliveries the purchase order number shall always be referenced and all packages shall clearly display the Purchase Order Number on the outside of the cartons andor packages and include the packing slip

ATTENTION GOVERNMENT VENDOR

A DELIVERY INSTRUCTIONS

] DELIVERY INSTRUCTION FOR SMALL ITEMS

Small packages may be delivered to Building B Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays) Deliveries outside these hours require prior arrangements

Contacts

Jim Shupe Services Management Officer Jim Hyatt Division Director Sondra Adkins Administrative Officer Andrew Stadnik Lab Director

301-424-6421 x156 301-424-6421 xl16 301-424-6421 xlOl 301-424-6421 xl31

poe

2 DELIVERY INSTRUCTIONS FOR LARGE OR HEAVY ITEMS

Large or heavy items must be delivered directly to the appropriate building after checking in at Building B Deliveries of large or heavy items should be scheduled 24 hours in advance and should be made between 900 am and 300 pm on Monday through Friday (except holidays) Contact information is the same as above

4

3 SAMPLE STORAGE FACILITY

Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays)

Contacts Terry Parks Sample Custodian 301~424~6421 X 156 Ralph King Sample Custodian 301~424~6421 x ISS Iris Parks Director Division of Administrative Services 301~504~7078

B BILLING INSTRUCTIONS

Pursuant to the Prompt Payment Act (PL 97-177) and the Prompt Payment Act Amendments of 1988 (PL I 00~496) all Federal agencies are required to pay their bills on time pay interest penalties when payments are made late and to take discounts only when payments are made within the discount period To assure compliance with the Act vouchers andor invoices shall be submitted on any acceptable invoice form which meets the criteria listed below Examples of government vouchers that may be used are the Public Vouchers for Purchase and Services Other Than Personal SF 1034 and Continuation Sheet SF 1035 At a minimum each invoice shall include

1 The name and address of the business concern (and separate remittance address if applicable)

2 Taxpayer Identification Number (TIN)

3 Invoice date (use of invoice number in addition to invoice date is prudent but not required)

4 The contract or purchase order number (see block 2 ofOF347 or block 4 of SFI449 on page I of this order) or other authorization for delivery of goods of services

5 Description~ price and quantity of goods or services actually delivered or rendered

6 Shipping cost terms (if applicable)

7 Payment terms

8 ACH Vendor information which includes the Financial Institution routing transit number and depositor account number In addition please specifY whether account is a checking account or savings account

9 Other substantiating documentation or information as specified in the contract or purchase order

10 Name title phone number and mailing address of responsible official to be notified in the event of a deficient invoice

5

ORIGINAL VOUCHERSIINVOICES SHALL BE SENT TO Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 EastmiddotWest Hwy Bethesda MD 20814

Invoices not submitted in accordance with the above stated minimum requirements will not be processed for payment Deficient invoices will be returned to the vendor within seven days or sooner Standard forms 1034 and 1035 will be furnished by CPSC upon request of the contractor

Inquiries regarding payment should be directed to the Finance Office at 301-504-7172 or 301-504shy7130

C PAYMENT

Payment will be made as close as possible to but not later than the 30th day after receipt of a proper invoice as defined in Billing Instructions except as follows

When a time discount is taken payment will be made as close as possible to but not later than the discount date Discounts will be taken whenever economically justified Otherwise late payments will include interest penalty payments Inquiries regarding payment should be directed to the Accounting Officer at (301) 504-7203 or 301-504-7130 or at the following address

Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 East-West Hwy Bethesda MD 20814

Complaints related to the late payment of an invoice should be directed to Deborah Peebles Hodge Director Division of Financial Services at the same address (above)

D INSPECTION amp ACCEPTANCE PERIOD

Unless otherwise stated in the Statement of Work or Description the Commission will ordinarily inspect all materialsservices within three (3) working days after the date of receipt The CPSC contact person will transmit disapproval if appropriate If other inspection information is provided in the Statement of Work or Description it is controlling

E ALL OTHER INFORMAnON RELATING TO THE PURCHASE ORDER

Contact Peter Nerret Sr Contract Specialist (301) 504-7033

6

F PROCESSING INSTRUCTIONS FOR REQUESTING OFFICES

The Purchase OrderReceiving Report (Optional Form 347 or Standard Form 1449) must be completed at the time the ordered goods or services are received Upon receipt of the goods or services ordered each item should be inspected accepted (partial or final) or rejected The Purchase OrderReceiving Report must be appropriately completed signed and dated by the authorized receiving official In addition the acceptance block shall be completed (Blocks 32 a b amp c on the SF 1449 and column G and page 2 of the OF 347) The receiving report shall be retained by the requesting office for confirmation when certifying invoices

G PROPERTYEQUIPMENT PURCHASES

In the case of Purchase OrdersReceiving Reports involving the purchase and receipt of propertyequipment a copy of the Purchase OrderReceiving Report must also be immediately forwarded directly to the Property Management Officer in the Division of Administrative Services The transmittal of Purchase OrdersReceiving Reports to the property management officer is critical to the integrity and operation of CPSC s Property Management System Receiving officials should also forward copies to their local property officerproperty custodian consistent with local office procedures

H Directions to the US Consumer Product Safety Commission Laboratory

From the East - Silver SpringiPrince Georges County

Take the Beltway Rt 495 outer loop toward Baltimore Bethesda Frederick Take Rt 270 north toward Frederick Maryland At Rt 270 take exit 6 and go west on Darnestown RdlRt 28 At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From the North Frederick Maryland

Take Rt 270 south to exit 6 west Darnestown RdiRt 28 Turn right at the light At the second traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection turn left Pass straight through the traffic light at Muddy Branch road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

7

From the West (Fairfax CountyNorthern Virginia

Take 495 Capital Beltway to Maryland At the 270495 divide bear left to take 270 North Take Rt 270 north toward Frederick Maryland At Rt 270 exit 6 go west on Darnestown RdRt 28 At the 3rd traffic light tum left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right tum has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From CPSC Headquarters

From the main entrance of Bethesda Towers tum left on East-West Highway then right on Wisconsin Ave (route 355 North) After passing the National Institutes of Health and Pooks Hill Road take 1-270 North (Frederick) which is the second left after Pooks Hill Road Take exit 6 go west on Darnestown Road (route 28) At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Boulevard intersection Turn left Pass straight through the traffic light at Muddy Branch Road Stay in the right lane which ends just after our entrance The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

8

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 2: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

2 of 25

19 ITEIANO

20 SCHEDULE OF SUPPLIE SlSERVICES louimv 22

UNIT 23

UNIT PRICE 2bull

AMOUNT

Delivery 60 Days After Award

0001 PiN BS7048502010002 Bulkhorn Extended Length

Co llaps ibl e Bulk Container 70x48x50

colorBlack

120 EA 31500 3780000

0002 PiN TV7048020010000 LID for 70x48x50 Buckhorn

Extended Length Collapsible Bulk Container

colorBlack

120 EA 5900 708000

0003 PIN BE484550B010000 Bulkhorn Extended Height

Collapsible Bulk Container 48x45x50

colorB1ack

80 EA 27600 2208000

0004 PiN BE484S030010000 LID for 48x4SxSO Buckhorn

Extended Height Collapsible Bulk Container

colorBlack

80 EA 2970 237600

OOOS PIN 0604CHMXP126000 Peel amp Stick Molded P1astic

Card Holder colorBlack (will be installed at

Continued

200 EA 000 000

32a QUANTITY IN COLUMN 21 HAS BEEN ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS o RECEIVED o INSPECTED o NOTED

32b SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 132C DATE

32 MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 SHIP NUMBER ~4 VOUCHER NUMBER 35 AMOUNT VERIFIED CORRECT FOR

o PARTIAL o FINAL

38 SIR ACCOUNT NUMBER 39 SIR VOUCHER NUMBER 40 PAID BY

41a I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b SIGNATURE AND mLE OF CERTIFYING OFFICER 41c DATE

32d PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

321 TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 PAYMENT 37 CHECK NUMBER

o COMPLETE o PARTIAL o FINAL

42a RECEIVED BY (Print)

42b RECEIVED AT (Location)

42c DATE RECD (YYIMMlDD) I42d TOTAL CONTAINERS

STANDARD fORM 144 jilIN 3005) SACK

25

FERENCE NO OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET PSC-S-10-0106

NAME OF OFFEROR OR CONTIVICTOR

BOCKHORN INC

ITEM NO I(Al

time of production the containers)

SUPPlIESISERVICES

(8)

and is included in price of

QUANTiTY ~ UNIT PRICE

(C) (E) AMOUNT

(F)

I ICPSC Point of Contact Wanda Spinner (301)

504-7111

The total amount of award $6933600 The obligation for this award is shown in box 26

NSN 754001middot152middot8067 OPTIONAl FOR 336 (4middot86) SnsQd by GSA FAR (48 CFR) 53 j 10

LC IB CONTRACTORS NOTE - DELIVERIES TO THE CPSC LABORATORY SITE GAITHERSBURG MARYLAND

Delivery Address Directorate for Laboratory Sciences US Consumer Product Safety Commission 10901 Darnestown Rd (MD route 28) Gaithersburg MD 20878 301-424-6421 x 101 (main reception)xl (Directors Office)

The Consumer Product Safety Commission (CPSC) Laboratories are located in Gaithersburg MD The entrance to the Laboratory site is protected by a security gate which is normally closed during business hours If the gate is closed use the intercom box at the gate to request entry All visitors must report to Building B which is adjacent to the main parking lot

Deliveries may not be left outside any building or loading dock unless specifically directed by appropriate CPSC staff All deliveries shall be considered inside deliveries to the appropriate building in accordance with the instructions below When scheduling deliveries the purchase order number shall always be referenced and all packages shall clearly display the Purchase Order Number on the outside of the cartons andor packages and include the packing slip

ATTENTION GOVERNMENT VENDOR

A DELIVERY INSTRUCTIONS

] DELIVERY INSTRUCTION FOR SMALL ITEMS

Small packages may be delivered to Building B Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays) Deliveries outside these hours require prior arrangements

Contacts

Jim Shupe Services Management Officer Jim Hyatt Division Director Sondra Adkins Administrative Officer Andrew Stadnik Lab Director

301-424-6421 x156 301-424-6421 xl16 301-424-6421 xlOl 301-424-6421 xl31

poe

2 DELIVERY INSTRUCTIONS FOR LARGE OR HEAVY ITEMS

Large or heavy items must be delivered directly to the appropriate building after checking in at Building B Deliveries of large or heavy items should be scheduled 24 hours in advance and should be made between 900 am and 300 pm on Monday through Friday (except holidays) Contact information is the same as above

4

3 SAMPLE STORAGE FACILITY

Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays)

Contacts Terry Parks Sample Custodian 301~424~6421 X 156 Ralph King Sample Custodian 301~424~6421 x ISS Iris Parks Director Division of Administrative Services 301~504~7078

B BILLING INSTRUCTIONS

Pursuant to the Prompt Payment Act (PL 97-177) and the Prompt Payment Act Amendments of 1988 (PL I 00~496) all Federal agencies are required to pay their bills on time pay interest penalties when payments are made late and to take discounts only when payments are made within the discount period To assure compliance with the Act vouchers andor invoices shall be submitted on any acceptable invoice form which meets the criteria listed below Examples of government vouchers that may be used are the Public Vouchers for Purchase and Services Other Than Personal SF 1034 and Continuation Sheet SF 1035 At a minimum each invoice shall include

1 The name and address of the business concern (and separate remittance address if applicable)

2 Taxpayer Identification Number (TIN)

3 Invoice date (use of invoice number in addition to invoice date is prudent but not required)

4 The contract or purchase order number (see block 2 ofOF347 or block 4 of SFI449 on page I of this order) or other authorization for delivery of goods of services

5 Description~ price and quantity of goods or services actually delivered or rendered

6 Shipping cost terms (if applicable)

7 Payment terms

8 ACH Vendor information which includes the Financial Institution routing transit number and depositor account number In addition please specifY whether account is a checking account or savings account

9 Other substantiating documentation or information as specified in the contract or purchase order

10 Name title phone number and mailing address of responsible official to be notified in the event of a deficient invoice

5

ORIGINAL VOUCHERSIINVOICES SHALL BE SENT TO Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 EastmiddotWest Hwy Bethesda MD 20814

Invoices not submitted in accordance with the above stated minimum requirements will not be processed for payment Deficient invoices will be returned to the vendor within seven days or sooner Standard forms 1034 and 1035 will be furnished by CPSC upon request of the contractor

Inquiries regarding payment should be directed to the Finance Office at 301-504-7172 or 301-504shy7130

C PAYMENT

Payment will be made as close as possible to but not later than the 30th day after receipt of a proper invoice as defined in Billing Instructions except as follows

When a time discount is taken payment will be made as close as possible to but not later than the discount date Discounts will be taken whenever economically justified Otherwise late payments will include interest penalty payments Inquiries regarding payment should be directed to the Accounting Officer at (301) 504-7203 or 301-504-7130 or at the following address

Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 East-West Hwy Bethesda MD 20814

Complaints related to the late payment of an invoice should be directed to Deborah Peebles Hodge Director Division of Financial Services at the same address (above)

D INSPECTION amp ACCEPTANCE PERIOD

Unless otherwise stated in the Statement of Work or Description the Commission will ordinarily inspect all materialsservices within three (3) working days after the date of receipt The CPSC contact person will transmit disapproval if appropriate If other inspection information is provided in the Statement of Work or Description it is controlling

E ALL OTHER INFORMAnON RELATING TO THE PURCHASE ORDER

Contact Peter Nerret Sr Contract Specialist (301) 504-7033

6

F PROCESSING INSTRUCTIONS FOR REQUESTING OFFICES

The Purchase OrderReceiving Report (Optional Form 347 or Standard Form 1449) must be completed at the time the ordered goods or services are received Upon receipt of the goods or services ordered each item should be inspected accepted (partial or final) or rejected The Purchase OrderReceiving Report must be appropriately completed signed and dated by the authorized receiving official In addition the acceptance block shall be completed (Blocks 32 a b amp c on the SF 1449 and column G and page 2 of the OF 347) The receiving report shall be retained by the requesting office for confirmation when certifying invoices

G PROPERTYEQUIPMENT PURCHASES

In the case of Purchase OrdersReceiving Reports involving the purchase and receipt of propertyequipment a copy of the Purchase OrderReceiving Report must also be immediately forwarded directly to the Property Management Officer in the Division of Administrative Services The transmittal of Purchase OrdersReceiving Reports to the property management officer is critical to the integrity and operation of CPSC s Property Management System Receiving officials should also forward copies to their local property officerproperty custodian consistent with local office procedures

H Directions to the US Consumer Product Safety Commission Laboratory

From the East - Silver SpringiPrince Georges County

Take the Beltway Rt 495 outer loop toward Baltimore Bethesda Frederick Take Rt 270 north toward Frederick Maryland At Rt 270 take exit 6 and go west on Darnestown RdlRt 28 At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From the North Frederick Maryland

Take Rt 270 south to exit 6 west Darnestown RdiRt 28 Turn right at the light At the second traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection turn left Pass straight through the traffic light at Muddy Branch road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

7

From the West (Fairfax CountyNorthern Virginia

Take 495 Capital Beltway to Maryland At the 270495 divide bear left to take 270 North Take Rt 270 north toward Frederick Maryland At Rt 270 exit 6 go west on Darnestown RdRt 28 At the 3rd traffic light tum left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right tum has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From CPSC Headquarters

From the main entrance of Bethesda Towers tum left on East-West Highway then right on Wisconsin Ave (route 355 North) After passing the National Institutes of Health and Pooks Hill Road take 1-270 North (Frederick) which is the second left after Pooks Hill Road Take exit 6 go west on Darnestown Road (route 28) At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Boulevard intersection Turn left Pass straight through the traffic light at Muddy Branch Road Stay in the right lane which ends just after our entrance The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

8

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 3: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

25

FERENCE NO OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET PSC-S-10-0106

NAME OF OFFEROR OR CONTIVICTOR

BOCKHORN INC

ITEM NO I(Al

time of production the containers)

SUPPlIESISERVICES

(8)

and is included in price of

QUANTiTY ~ UNIT PRICE

(C) (E) AMOUNT

(F)

I ICPSC Point of Contact Wanda Spinner (301)

504-7111

The total amount of award $6933600 The obligation for this award is shown in box 26

NSN 754001middot152middot8067 OPTIONAl FOR 336 (4middot86) SnsQd by GSA FAR (48 CFR) 53 j 10

LC IB CONTRACTORS NOTE - DELIVERIES TO THE CPSC LABORATORY SITE GAITHERSBURG MARYLAND

Delivery Address Directorate for Laboratory Sciences US Consumer Product Safety Commission 10901 Darnestown Rd (MD route 28) Gaithersburg MD 20878 301-424-6421 x 101 (main reception)xl (Directors Office)

The Consumer Product Safety Commission (CPSC) Laboratories are located in Gaithersburg MD The entrance to the Laboratory site is protected by a security gate which is normally closed during business hours If the gate is closed use the intercom box at the gate to request entry All visitors must report to Building B which is adjacent to the main parking lot

Deliveries may not be left outside any building or loading dock unless specifically directed by appropriate CPSC staff All deliveries shall be considered inside deliveries to the appropriate building in accordance with the instructions below When scheduling deliveries the purchase order number shall always be referenced and all packages shall clearly display the Purchase Order Number on the outside of the cartons andor packages and include the packing slip

ATTENTION GOVERNMENT VENDOR

A DELIVERY INSTRUCTIONS

] DELIVERY INSTRUCTION FOR SMALL ITEMS

Small packages may be delivered to Building B Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays) Deliveries outside these hours require prior arrangements

Contacts

Jim Shupe Services Management Officer Jim Hyatt Division Director Sondra Adkins Administrative Officer Andrew Stadnik Lab Director

301-424-6421 x156 301-424-6421 xl16 301-424-6421 xlOl 301-424-6421 xl31

poe

2 DELIVERY INSTRUCTIONS FOR LARGE OR HEAVY ITEMS

Large or heavy items must be delivered directly to the appropriate building after checking in at Building B Deliveries of large or heavy items should be scheduled 24 hours in advance and should be made between 900 am and 300 pm on Monday through Friday (except holidays) Contact information is the same as above

4

3 SAMPLE STORAGE FACILITY

Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays)

Contacts Terry Parks Sample Custodian 301~424~6421 X 156 Ralph King Sample Custodian 301~424~6421 x ISS Iris Parks Director Division of Administrative Services 301~504~7078

B BILLING INSTRUCTIONS

Pursuant to the Prompt Payment Act (PL 97-177) and the Prompt Payment Act Amendments of 1988 (PL I 00~496) all Federal agencies are required to pay their bills on time pay interest penalties when payments are made late and to take discounts only when payments are made within the discount period To assure compliance with the Act vouchers andor invoices shall be submitted on any acceptable invoice form which meets the criteria listed below Examples of government vouchers that may be used are the Public Vouchers for Purchase and Services Other Than Personal SF 1034 and Continuation Sheet SF 1035 At a minimum each invoice shall include

1 The name and address of the business concern (and separate remittance address if applicable)

2 Taxpayer Identification Number (TIN)

3 Invoice date (use of invoice number in addition to invoice date is prudent but not required)

4 The contract or purchase order number (see block 2 ofOF347 or block 4 of SFI449 on page I of this order) or other authorization for delivery of goods of services

5 Description~ price and quantity of goods or services actually delivered or rendered

6 Shipping cost terms (if applicable)

7 Payment terms

8 ACH Vendor information which includes the Financial Institution routing transit number and depositor account number In addition please specifY whether account is a checking account or savings account

9 Other substantiating documentation or information as specified in the contract or purchase order

10 Name title phone number and mailing address of responsible official to be notified in the event of a deficient invoice

5

ORIGINAL VOUCHERSIINVOICES SHALL BE SENT TO Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 EastmiddotWest Hwy Bethesda MD 20814

Invoices not submitted in accordance with the above stated minimum requirements will not be processed for payment Deficient invoices will be returned to the vendor within seven days or sooner Standard forms 1034 and 1035 will be furnished by CPSC upon request of the contractor

Inquiries regarding payment should be directed to the Finance Office at 301-504-7172 or 301-504shy7130

C PAYMENT

Payment will be made as close as possible to but not later than the 30th day after receipt of a proper invoice as defined in Billing Instructions except as follows

When a time discount is taken payment will be made as close as possible to but not later than the discount date Discounts will be taken whenever economically justified Otherwise late payments will include interest penalty payments Inquiries regarding payment should be directed to the Accounting Officer at (301) 504-7203 or 301-504-7130 or at the following address

Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 East-West Hwy Bethesda MD 20814

Complaints related to the late payment of an invoice should be directed to Deborah Peebles Hodge Director Division of Financial Services at the same address (above)

D INSPECTION amp ACCEPTANCE PERIOD

Unless otherwise stated in the Statement of Work or Description the Commission will ordinarily inspect all materialsservices within three (3) working days after the date of receipt The CPSC contact person will transmit disapproval if appropriate If other inspection information is provided in the Statement of Work or Description it is controlling

E ALL OTHER INFORMAnON RELATING TO THE PURCHASE ORDER

Contact Peter Nerret Sr Contract Specialist (301) 504-7033

6

F PROCESSING INSTRUCTIONS FOR REQUESTING OFFICES

The Purchase OrderReceiving Report (Optional Form 347 or Standard Form 1449) must be completed at the time the ordered goods or services are received Upon receipt of the goods or services ordered each item should be inspected accepted (partial or final) or rejected The Purchase OrderReceiving Report must be appropriately completed signed and dated by the authorized receiving official In addition the acceptance block shall be completed (Blocks 32 a b amp c on the SF 1449 and column G and page 2 of the OF 347) The receiving report shall be retained by the requesting office for confirmation when certifying invoices

G PROPERTYEQUIPMENT PURCHASES

In the case of Purchase OrdersReceiving Reports involving the purchase and receipt of propertyequipment a copy of the Purchase OrderReceiving Report must also be immediately forwarded directly to the Property Management Officer in the Division of Administrative Services The transmittal of Purchase OrdersReceiving Reports to the property management officer is critical to the integrity and operation of CPSC s Property Management System Receiving officials should also forward copies to their local property officerproperty custodian consistent with local office procedures

H Directions to the US Consumer Product Safety Commission Laboratory

From the East - Silver SpringiPrince Georges County

Take the Beltway Rt 495 outer loop toward Baltimore Bethesda Frederick Take Rt 270 north toward Frederick Maryland At Rt 270 take exit 6 and go west on Darnestown RdlRt 28 At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From the North Frederick Maryland

Take Rt 270 south to exit 6 west Darnestown RdiRt 28 Turn right at the light At the second traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection turn left Pass straight through the traffic light at Muddy Branch road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

7

From the West (Fairfax CountyNorthern Virginia

Take 495 Capital Beltway to Maryland At the 270495 divide bear left to take 270 North Take Rt 270 north toward Frederick Maryland At Rt 270 exit 6 go west on Darnestown RdRt 28 At the 3rd traffic light tum left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right tum has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From CPSC Headquarters

From the main entrance of Bethesda Towers tum left on East-West Highway then right on Wisconsin Ave (route 355 North) After passing the National Institutes of Health and Pooks Hill Road take 1-270 North (Frederick) which is the second left after Pooks Hill Road Take exit 6 go west on Darnestown Road (route 28) At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Boulevard intersection Turn left Pass straight through the traffic light at Muddy Branch Road Stay in the right lane which ends just after our entrance The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

8

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 4: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

LC IB CONTRACTORS NOTE - DELIVERIES TO THE CPSC LABORATORY SITE GAITHERSBURG MARYLAND

Delivery Address Directorate for Laboratory Sciences US Consumer Product Safety Commission 10901 Darnestown Rd (MD route 28) Gaithersburg MD 20878 301-424-6421 x 101 (main reception)xl (Directors Office)

The Consumer Product Safety Commission (CPSC) Laboratories are located in Gaithersburg MD The entrance to the Laboratory site is protected by a security gate which is normally closed during business hours If the gate is closed use the intercom box at the gate to request entry All visitors must report to Building B which is adjacent to the main parking lot

Deliveries may not be left outside any building or loading dock unless specifically directed by appropriate CPSC staff All deliveries shall be considered inside deliveries to the appropriate building in accordance with the instructions below When scheduling deliveries the purchase order number shall always be referenced and all packages shall clearly display the Purchase Order Number on the outside of the cartons andor packages and include the packing slip

ATTENTION GOVERNMENT VENDOR

A DELIVERY INSTRUCTIONS

] DELIVERY INSTRUCTION FOR SMALL ITEMS

Small packages may be delivered to Building B Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays) Deliveries outside these hours require prior arrangements

Contacts

Jim Shupe Services Management Officer Jim Hyatt Division Director Sondra Adkins Administrative Officer Andrew Stadnik Lab Director

301-424-6421 x156 301-424-6421 xl16 301-424-6421 xlOl 301-424-6421 xl31

poe

2 DELIVERY INSTRUCTIONS FOR LARGE OR HEAVY ITEMS

Large or heavy items must be delivered directly to the appropriate building after checking in at Building B Deliveries of large or heavy items should be scheduled 24 hours in advance and should be made between 900 am and 300 pm on Monday through Friday (except holidays) Contact information is the same as above

4

3 SAMPLE STORAGE FACILITY

Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays)

Contacts Terry Parks Sample Custodian 301~424~6421 X 156 Ralph King Sample Custodian 301~424~6421 x ISS Iris Parks Director Division of Administrative Services 301~504~7078

B BILLING INSTRUCTIONS

Pursuant to the Prompt Payment Act (PL 97-177) and the Prompt Payment Act Amendments of 1988 (PL I 00~496) all Federal agencies are required to pay their bills on time pay interest penalties when payments are made late and to take discounts only when payments are made within the discount period To assure compliance with the Act vouchers andor invoices shall be submitted on any acceptable invoice form which meets the criteria listed below Examples of government vouchers that may be used are the Public Vouchers for Purchase and Services Other Than Personal SF 1034 and Continuation Sheet SF 1035 At a minimum each invoice shall include

1 The name and address of the business concern (and separate remittance address if applicable)

2 Taxpayer Identification Number (TIN)

3 Invoice date (use of invoice number in addition to invoice date is prudent but not required)

4 The contract or purchase order number (see block 2 ofOF347 or block 4 of SFI449 on page I of this order) or other authorization for delivery of goods of services

5 Description~ price and quantity of goods or services actually delivered or rendered

6 Shipping cost terms (if applicable)

7 Payment terms

8 ACH Vendor information which includes the Financial Institution routing transit number and depositor account number In addition please specifY whether account is a checking account or savings account

9 Other substantiating documentation or information as specified in the contract or purchase order

10 Name title phone number and mailing address of responsible official to be notified in the event of a deficient invoice

5

ORIGINAL VOUCHERSIINVOICES SHALL BE SENT TO Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 EastmiddotWest Hwy Bethesda MD 20814

Invoices not submitted in accordance with the above stated minimum requirements will not be processed for payment Deficient invoices will be returned to the vendor within seven days or sooner Standard forms 1034 and 1035 will be furnished by CPSC upon request of the contractor

Inquiries regarding payment should be directed to the Finance Office at 301-504-7172 or 301-504shy7130

C PAYMENT

Payment will be made as close as possible to but not later than the 30th day after receipt of a proper invoice as defined in Billing Instructions except as follows

When a time discount is taken payment will be made as close as possible to but not later than the discount date Discounts will be taken whenever economically justified Otherwise late payments will include interest penalty payments Inquiries regarding payment should be directed to the Accounting Officer at (301) 504-7203 or 301-504-7130 or at the following address

Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 East-West Hwy Bethesda MD 20814

Complaints related to the late payment of an invoice should be directed to Deborah Peebles Hodge Director Division of Financial Services at the same address (above)

D INSPECTION amp ACCEPTANCE PERIOD

Unless otherwise stated in the Statement of Work or Description the Commission will ordinarily inspect all materialsservices within three (3) working days after the date of receipt The CPSC contact person will transmit disapproval if appropriate If other inspection information is provided in the Statement of Work or Description it is controlling

E ALL OTHER INFORMAnON RELATING TO THE PURCHASE ORDER

Contact Peter Nerret Sr Contract Specialist (301) 504-7033

6

F PROCESSING INSTRUCTIONS FOR REQUESTING OFFICES

The Purchase OrderReceiving Report (Optional Form 347 or Standard Form 1449) must be completed at the time the ordered goods or services are received Upon receipt of the goods or services ordered each item should be inspected accepted (partial or final) or rejected The Purchase OrderReceiving Report must be appropriately completed signed and dated by the authorized receiving official In addition the acceptance block shall be completed (Blocks 32 a b amp c on the SF 1449 and column G and page 2 of the OF 347) The receiving report shall be retained by the requesting office for confirmation when certifying invoices

G PROPERTYEQUIPMENT PURCHASES

In the case of Purchase OrdersReceiving Reports involving the purchase and receipt of propertyequipment a copy of the Purchase OrderReceiving Report must also be immediately forwarded directly to the Property Management Officer in the Division of Administrative Services The transmittal of Purchase OrdersReceiving Reports to the property management officer is critical to the integrity and operation of CPSC s Property Management System Receiving officials should also forward copies to their local property officerproperty custodian consistent with local office procedures

H Directions to the US Consumer Product Safety Commission Laboratory

From the East - Silver SpringiPrince Georges County

Take the Beltway Rt 495 outer loop toward Baltimore Bethesda Frederick Take Rt 270 north toward Frederick Maryland At Rt 270 take exit 6 and go west on Darnestown RdlRt 28 At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From the North Frederick Maryland

Take Rt 270 south to exit 6 west Darnestown RdiRt 28 Turn right at the light At the second traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection turn left Pass straight through the traffic light at Muddy Branch road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

7

From the West (Fairfax CountyNorthern Virginia

Take 495 Capital Beltway to Maryland At the 270495 divide bear left to take 270 North Take Rt 270 north toward Frederick Maryland At Rt 270 exit 6 go west on Darnestown RdRt 28 At the 3rd traffic light tum left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right tum has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From CPSC Headquarters

From the main entrance of Bethesda Towers tum left on East-West Highway then right on Wisconsin Ave (route 355 North) After passing the National Institutes of Health and Pooks Hill Road take 1-270 North (Frederick) which is the second left after Pooks Hill Road Take exit 6 go west on Darnestown Road (route 28) At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Boulevard intersection Turn left Pass straight through the traffic light at Muddy Branch Road Stay in the right lane which ends just after our entrance The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

8

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 5: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

3 SAMPLE STORAGE FACILITY

Deliveries should be made between 900 am and 400 pm on Monday through Friday (except holidays)

Contacts Terry Parks Sample Custodian 301~424~6421 X 156 Ralph King Sample Custodian 301~424~6421 x ISS Iris Parks Director Division of Administrative Services 301~504~7078

B BILLING INSTRUCTIONS

Pursuant to the Prompt Payment Act (PL 97-177) and the Prompt Payment Act Amendments of 1988 (PL I 00~496) all Federal agencies are required to pay their bills on time pay interest penalties when payments are made late and to take discounts only when payments are made within the discount period To assure compliance with the Act vouchers andor invoices shall be submitted on any acceptable invoice form which meets the criteria listed below Examples of government vouchers that may be used are the Public Vouchers for Purchase and Services Other Than Personal SF 1034 and Continuation Sheet SF 1035 At a minimum each invoice shall include

1 The name and address of the business concern (and separate remittance address if applicable)

2 Taxpayer Identification Number (TIN)

3 Invoice date (use of invoice number in addition to invoice date is prudent but not required)

4 The contract or purchase order number (see block 2 ofOF347 or block 4 of SFI449 on page I of this order) or other authorization for delivery of goods of services

5 Description~ price and quantity of goods or services actually delivered or rendered

6 Shipping cost terms (if applicable)

7 Payment terms

8 ACH Vendor information which includes the Financial Institution routing transit number and depositor account number In addition please specifY whether account is a checking account or savings account

9 Other substantiating documentation or information as specified in the contract or purchase order

10 Name title phone number and mailing address of responsible official to be notified in the event of a deficient invoice

5

ORIGINAL VOUCHERSIINVOICES SHALL BE SENT TO Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 EastmiddotWest Hwy Bethesda MD 20814

Invoices not submitted in accordance with the above stated minimum requirements will not be processed for payment Deficient invoices will be returned to the vendor within seven days or sooner Standard forms 1034 and 1035 will be furnished by CPSC upon request of the contractor

Inquiries regarding payment should be directed to the Finance Office at 301-504-7172 or 301-504shy7130

C PAYMENT

Payment will be made as close as possible to but not later than the 30th day after receipt of a proper invoice as defined in Billing Instructions except as follows

When a time discount is taken payment will be made as close as possible to but not later than the discount date Discounts will be taken whenever economically justified Otherwise late payments will include interest penalty payments Inquiries regarding payment should be directed to the Accounting Officer at (301) 504-7203 or 301-504-7130 or at the following address

Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 East-West Hwy Bethesda MD 20814

Complaints related to the late payment of an invoice should be directed to Deborah Peebles Hodge Director Division of Financial Services at the same address (above)

D INSPECTION amp ACCEPTANCE PERIOD

Unless otherwise stated in the Statement of Work or Description the Commission will ordinarily inspect all materialsservices within three (3) working days after the date of receipt The CPSC contact person will transmit disapproval if appropriate If other inspection information is provided in the Statement of Work or Description it is controlling

E ALL OTHER INFORMAnON RELATING TO THE PURCHASE ORDER

Contact Peter Nerret Sr Contract Specialist (301) 504-7033

6

F PROCESSING INSTRUCTIONS FOR REQUESTING OFFICES

The Purchase OrderReceiving Report (Optional Form 347 or Standard Form 1449) must be completed at the time the ordered goods or services are received Upon receipt of the goods or services ordered each item should be inspected accepted (partial or final) or rejected The Purchase OrderReceiving Report must be appropriately completed signed and dated by the authorized receiving official In addition the acceptance block shall be completed (Blocks 32 a b amp c on the SF 1449 and column G and page 2 of the OF 347) The receiving report shall be retained by the requesting office for confirmation when certifying invoices

G PROPERTYEQUIPMENT PURCHASES

In the case of Purchase OrdersReceiving Reports involving the purchase and receipt of propertyequipment a copy of the Purchase OrderReceiving Report must also be immediately forwarded directly to the Property Management Officer in the Division of Administrative Services The transmittal of Purchase OrdersReceiving Reports to the property management officer is critical to the integrity and operation of CPSC s Property Management System Receiving officials should also forward copies to their local property officerproperty custodian consistent with local office procedures

H Directions to the US Consumer Product Safety Commission Laboratory

From the East - Silver SpringiPrince Georges County

Take the Beltway Rt 495 outer loop toward Baltimore Bethesda Frederick Take Rt 270 north toward Frederick Maryland At Rt 270 take exit 6 and go west on Darnestown RdlRt 28 At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From the North Frederick Maryland

Take Rt 270 south to exit 6 west Darnestown RdiRt 28 Turn right at the light At the second traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection turn left Pass straight through the traffic light at Muddy Branch road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

7

From the West (Fairfax CountyNorthern Virginia

Take 495 Capital Beltway to Maryland At the 270495 divide bear left to take 270 North Take Rt 270 north toward Frederick Maryland At Rt 270 exit 6 go west on Darnestown RdRt 28 At the 3rd traffic light tum left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right tum has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From CPSC Headquarters

From the main entrance of Bethesda Towers tum left on East-West Highway then right on Wisconsin Ave (route 355 North) After passing the National Institutes of Health and Pooks Hill Road take 1-270 North (Frederick) which is the second left after Pooks Hill Road Take exit 6 go west on Darnestown Road (route 28) At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Boulevard intersection Turn left Pass straight through the traffic light at Muddy Branch Road Stay in the right lane which ends just after our entrance The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

8

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 6: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

ORIGINAL VOUCHERSIINVOICES SHALL BE SENT TO Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 EastmiddotWest Hwy Bethesda MD 20814

Invoices not submitted in accordance with the above stated minimum requirements will not be processed for payment Deficient invoices will be returned to the vendor within seven days or sooner Standard forms 1034 and 1035 will be furnished by CPSC upon request of the contractor

Inquiries regarding payment should be directed to the Finance Office at 301-504-7172 or 301-504shy7130

C PAYMENT

Payment will be made as close as possible to but not later than the 30th day after receipt of a proper invoice as defined in Billing Instructions except as follows

When a time discount is taken payment will be made as close as possible to but not later than the discount date Discounts will be taken whenever economically justified Otherwise late payments will include interest penalty payments Inquiries regarding payment should be directed to the Accounting Officer at (301) 504-7203 or 301-504-7130 or at the following address

Accounting Officer Div of Financial Services Room 522 US Consumer Product Safety Commission 4330 East-West Hwy Bethesda MD 20814

Complaints related to the late payment of an invoice should be directed to Deborah Peebles Hodge Director Division of Financial Services at the same address (above)

D INSPECTION amp ACCEPTANCE PERIOD

Unless otherwise stated in the Statement of Work or Description the Commission will ordinarily inspect all materialsservices within three (3) working days after the date of receipt The CPSC contact person will transmit disapproval if appropriate If other inspection information is provided in the Statement of Work or Description it is controlling

E ALL OTHER INFORMAnON RELATING TO THE PURCHASE ORDER

Contact Peter Nerret Sr Contract Specialist (301) 504-7033

6

F PROCESSING INSTRUCTIONS FOR REQUESTING OFFICES

The Purchase OrderReceiving Report (Optional Form 347 or Standard Form 1449) must be completed at the time the ordered goods or services are received Upon receipt of the goods or services ordered each item should be inspected accepted (partial or final) or rejected The Purchase OrderReceiving Report must be appropriately completed signed and dated by the authorized receiving official In addition the acceptance block shall be completed (Blocks 32 a b amp c on the SF 1449 and column G and page 2 of the OF 347) The receiving report shall be retained by the requesting office for confirmation when certifying invoices

G PROPERTYEQUIPMENT PURCHASES

In the case of Purchase OrdersReceiving Reports involving the purchase and receipt of propertyequipment a copy of the Purchase OrderReceiving Report must also be immediately forwarded directly to the Property Management Officer in the Division of Administrative Services The transmittal of Purchase OrdersReceiving Reports to the property management officer is critical to the integrity and operation of CPSC s Property Management System Receiving officials should also forward copies to their local property officerproperty custodian consistent with local office procedures

H Directions to the US Consumer Product Safety Commission Laboratory

From the East - Silver SpringiPrince Georges County

Take the Beltway Rt 495 outer loop toward Baltimore Bethesda Frederick Take Rt 270 north toward Frederick Maryland At Rt 270 take exit 6 and go west on Darnestown RdlRt 28 At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From the North Frederick Maryland

Take Rt 270 south to exit 6 west Darnestown RdiRt 28 Turn right at the light At the second traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection turn left Pass straight through the traffic light at Muddy Branch road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

7

From the West (Fairfax CountyNorthern Virginia

Take 495 Capital Beltway to Maryland At the 270495 divide bear left to take 270 North Take Rt 270 north toward Frederick Maryland At Rt 270 exit 6 go west on Darnestown RdRt 28 At the 3rd traffic light tum left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right tum has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From CPSC Headquarters

From the main entrance of Bethesda Towers tum left on East-West Highway then right on Wisconsin Ave (route 355 North) After passing the National Institutes of Health and Pooks Hill Road take 1-270 North (Frederick) which is the second left after Pooks Hill Road Take exit 6 go west on Darnestown Road (route 28) At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Boulevard intersection Turn left Pass straight through the traffic light at Muddy Branch Road Stay in the right lane which ends just after our entrance The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

8

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 7: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

F PROCESSING INSTRUCTIONS FOR REQUESTING OFFICES

The Purchase OrderReceiving Report (Optional Form 347 or Standard Form 1449) must be completed at the time the ordered goods or services are received Upon receipt of the goods or services ordered each item should be inspected accepted (partial or final) or rejected The Purchase OrderReceiving Report must be appropriately completed signed and dated by the authorized receiving official In addition the acceptance block shall be completed (Blocks 32 a b amp c on the SF 1449 and column G and page 2 of the OF 347) The receiving report shall be retained by the requesting office for confirmation when certifying invoices

G PROPERTYEQUIPMENT PURCHASES

In the case of Purchase OrdersReceiving Reports involving the purchase and receipt of propertyequipment a copy of the Purchase OrderReceiving Report must also be immediately forwarded directly to the Property Management Officer in the Division of Administrative Services The transmittal of Purchase OrdersReceiving Reports to the property management officer is critical to the integrity and operation of CPSC s Property Management System Receiving officials should also forward copies to their local property officerproperty custodian consistent with local office procedures

H Directions to the US Consumer Product Safety Commission Laboratory

From the East - Silver SpringiPrince Georges County

Take the Beltway Rt 495 outer loop toward Baltimore Bethesda Frederick Take Rt 270 north toward Frederick Maryland At Rt 270 take exit 6 and go west on Darnestown RdlRt 28 At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From the North Frederick Maryland

Take Rt 270 south to exit 6 west Darnestown RdiRt 28 Turn right at the light At the second traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection turn left Pass straight through the traffic light at Muddy Branch road The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

7

From the West (Fairfax CountyNorthern Virginia

Take 495 Capital Beltway to Maryland At the 270495 divide bear left to take 270 North Take Rt 270 north toward Frederick Maryland At Rt 270 exit 6 go west on Darnestown RdRt 28 At the 3rd traffic light tum left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right tum has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From CPSC Headquarters

From the main entrance of Bethesda Towers tum left on East-West Highway then right on Wisconsin Ave (route 355 North) After passing the National Institutes of Health and Pooks Hill Road take 1-270 North (Frederick) which is the second left after Pooks Hill Road Take exit 6 go west on Darnestown Road (route 28) At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Boulevard intersection Turn left Pass straight through the traffic light at Muddy Branch Road Stay in the right lane which ends just after our entrance The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

8

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 8: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

From the West (Fairfax CountyNorthern Virginia

Take 495 Capital Beltway to Maryland At the 270495 divide bear left to take 270 North Take Rt 270 north toward Frederick Maryland At Rt 270 exit 6 go west on Darnestown RdRt 28 At the 3rd traffic light tum left on Darnestown Road Continue west to the traffic light at the Key West Blvd intersection Turn left Pass straight through the traffic light at Muddy Branch Road The second right tum has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

From CPSC Headquarters

From the main entrance of Bethesda Towers tum left on East-West Highway then right on Wisconsin Ave (route 355 North) After passing the National Institutes of Health and Pooks Hill Road take 1-270 North (Frederick) which is the second left after Pooks Hill Road Take exit 6 go west on Darnestown Road (route 28) At the 3rd traffic light turn left on Darnestown Road Continue west to the traffic light at the Key West Boulevard intersection Turn left Pass straight through the traffic light at Muddy Branch Road Stay in the right lane which ends just after our entrance The second right turn has a sign US Consumer Product Safety Commission Laboratory Turn right and proceed to the parking lot Report to the lobby of the second building Building B

8

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 9: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

The following FAR Clauses are incorporated in their entirety

A 52212-4 Contract Terms and Conditions-Commercial Items (Mar 2009)

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010)

C 52247-34 - Fob Destination (Nov 1991)

A 52212-4 Contract Terms and Conditions-Commercialltems (Mar 2009)

(a) InspectionAcceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price If repairreplacement or reperformance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post-acceptance rightsshy

(1) Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item

(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank trust company or other financing institution including any Federal lending agency in accordance with the Assignment of Claims Act (31 USc 3727) However when a third party makes payment (eg use of the Governmentwide commercial purchase card) the Contractor may not assign its rights to receive payment under this contract

(c) Changes Changes in the terms and conditions of this contract may be made only by written agreement of the parties

(d) Disputes This contract is subject to the Contract Disputes Act of 1978 as amended (41 USC 601-613) Failure of the parties to this contract to reach agreement on any request for equitable adjustment claim appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52233-1 Disputes which is incorporated herein by reference The Contractor shall proceed

9

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 10: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

diligently with performance of this contract pending final resolution of any dispute arising under the contract

(e) Definitions The clause at FAR 52202-1 Definitions is incorporated herein by reference

(f) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy acts of the Government in either its sovereign or contractual capacity fires floods epidemics quarantine restrictions strikes unusually severe weather and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay setting forth the full particulars in connection therewith shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence

(g) Invoice

(I) The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices An invoice must includeshy

(i) Name and address of the Contractor

(ii) Invoice date and number

(iii) Contract number contract line item number and if applicable the order number

(iv) Description quantity unit of measure unit price and extended price of the items delivered

(v) Shipping number and date of shipment including the bill oflading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name title and phone number of person to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN) The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract

(x) Electronic funds transfer (EFT) banking information

10

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 11: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking infonnation is not required to be on the invoice in order for the invoice to be a proper invoice the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision contract clause (eg 52232-33 Payment by Electronic Funds Transfer-Central Contractor Registration or 52232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration) or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 USc 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFRPart 1315

(h) Patent indemnity The Contractor shall indemnify the Government and its officers employees and agents against liability including costs for actual or alleged direct or contributory infringement of or inducement to infringe any United States or foreign patent trademark or copyright arising out of the perfonnance of this contract provided the Contractor is reasonably notified of such claims and proceedings

(i) Paymentshy

(1) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forthJn this contract

(2) Prompt payment The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and prompt payment regulations at 5 CFR Part 1315

(3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT see 52212-5(b) for the appropriate EFT clause

(4) Discount In connection with any discount offered for early payment time shall be computed from the date of the invoice For the purpose of computing the discount earned payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made

(5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment the Contractor shallshy

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including theshy

11

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 12: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(A) Circumstances of the overpayment (eg duplicate payment erroneous payment liquidation errors date(s) of overpayment)

(B) Affected contract number and delivery order number if applicable

(C) Affected contract line item or subline item if applicable and

(D) Contractor point of contact

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563) which is applicable to the period in which the amount becomes due as provided in (i)(6)(v) of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract

(iii) Final decisions The Contracting Officer will issue a final decision as required by 33211 ifshy

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32607-2)

(iv) If a demand for payment was previously issued for the debt the demand for payment included in the final decision shall identify the same due date as the original demand for payment

(v) Amounts shall be due at the earliest of the following dates

(A) The date fixed under this contract

12

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 13: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(B) The date of the first written demand for payment including any demand for payment resulting from a default termination

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending onshy

(A) The date on which the designated office receives payment from the Contractor

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32608-2 of the Federal Acquisition Regulation in effect on the date of this contract

G) Risk of loss Unless the contract specifically provides otherwise risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until and shall pass to the Government upon

(1) Delivery of the supplies to a carrier if transportation is fo b origin or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is fob destination

(k) Taxes The contract price includes all applicable Federal State and local taxes and duties

(1) Termination for the Governments convenience The Government reserves the right to terminate this contract or any part hereof for its sole convenience In the event of such termination the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system have resuhed from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Contractors records The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided

(m) Termination for cause The Government may terminate this contract or any part hereof for cause in the event of any default by the Contractor or ifthe Contractor fails to

13

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 14: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

comply with any contract terms and conditions or fails to provide the Government upon request with adequate assurances of future performance In the event of termination for cause the Government shall not be liable to the Contractor for any amount for supplies or services not accepted and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default such termination shall be deemed a termination for convenience

(n) Title Unless specified elsewhere in this contract title to items furnished under this contract shall pass to the Government upon acceptance regardless of when or where the Government takes physical possession

(0) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract

(P) Limitation of liability Except as otherwise provided by an express warranty the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items

(q) Other compliances The Contractor shall comply with all applicable Federal State and local laws executive orders rules and regulations applicable to its performance under this contract

(r) Compliance with laws unique to Government contracts The Contractor agrees to comply with 31 USC 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts 18 USC 431 relating to officials not to benefit 40 USC 370 I et seq Contract Work Hours and Safety Standards Act 41 USC 51-58 Anti-Kickback Act of 1986 41 USC 265 and 10 USC 2409 relating to whistleblower protections Section 1553 of the American Recovery and Reinvestment Act of2009 relating to whistleblower protections for contracts funded under that Act 49 USC 40118 Fly American and 41 USC 423 relating to procurement integrity

(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order

(1) The schedule of suppliesservices

(2) The Assignments Disputes Payments Invoice Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause

(3) The clause at 52212-5

(4) Addenda to this solicitation or contract including any license agreements for computer software

(5) Solicitation provisions if this is a solicitation

14

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 15: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(6) Other paragraphs of this clause

(7) The Standard Fonn 1449

(8) Other documents exhibits and attachments

(9) The specification

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract the Contractor is responsible during perfonnance and through final payment of any contract for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Governments reliance on inaccurate or incomplete data To remain registered in the CCR database after the initial registration the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its infonnation in the CCR database to ensure it is current accurate and complete Updating infonnation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document

(2)(i) If a Contractor has legally changed its business name doing business as name or division name (whichever is shown on the contract) or has transferred the assets used in performing the contract but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 4212 the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to (A) change the name in the CCR database (B) comply with the requirements of Subpart 4212 and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer The Contractor must provide with the notification sufficient documentation to support the legally changed name

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause or fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause and in the absence of a properly executed novation or change-of-name agreement the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract

(3) The Contractor shall not change the name or address for EFT payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 328 Assignment of Claims) Assignees shall be separately registered in the CCR database Information provided to the Contractors CCR record that indicates payments including those made by EFT to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the Suspension of payment paragraph of the EFT clause of this contract

15

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 16: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at httpwwwccrgov or by calling 1-888-227shy2423 or 269-961-5757

(End of clause)

16

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 17: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

B 52212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses which are incorporated in this contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items

(1) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USc 7104(graquo

_Alternate I (Aug 2007) of 52222-50 (22 USC 71 04(graquo

(2) 52233-3 Protest After Award (Aug 1996) (31 USc 3553)

(3) 52233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub L 108-77 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of

commercial items

[Contracting Officer check as appropriate]

_ (1) 52203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

with Alternate I (Oct 1995) (41 USC 253g and 10 USC 2402)

_ (2) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub

L 110-252 Title VI Chapter 1 (41 USc 251 noteraquo

_ (3) 52203-15 Whistl~blower Protections under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub L 111-5) (Applies to

contracts funded by the American Recovery and Reinvestment Act of 2009)

_ (4) 52204-11 American Recovery and Reinvestment Act-Reporting

Requirements (Mar 2009) (Pub L 111-5)

_ (5) 52219-3 Notice of Total HUBZone Set-Aside (Jan 1999) (15 USc 657a)

17

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 18: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(6) 52219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (July 2005) (if the offeror elects to waive the preference it shall so indicate in its offer) (15 USc 657a)

(7) [Reserved]

_ (8)(i) 52219-6 Notice of Total Small Business Set-Aside (June 2003) (15

USC644)

(ii) Alternate I (Oct 1995) of 52219-6

_ (iii) Alternate II (Mar 2004) of 52219-6

(9)(i) 52219-7 Notice of Partial Small Business Set-Aside (June 2003) (15

USc 644)

_ (ii) Alternate I (Oct 1995) of 52219-7

(iii) Alternate II (Mar 2004) of 52219-7

_ (10) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USC

637(d)(2) and (3raquo

(ll)(i) 52219-9 Small Business Subcontracting Plan (Apr 2008) (15 USc

637(d)(4raquo

(ii) Alternate I (Oct 2001) of 52219-9

_ (iii) Alternate II (Oct 2001) of 52219-9

(12) 52219-14 Limitations on Subcontractitfg (Dec 1996) (15 USC

637(a)(14raquo

_ (13) 52219-16 Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15

USC637(d)(4)(F)(iraquo

(14)(i) 52219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 USC 2323) (if the offeror elects to waive the adjustment it shall so indicate in its offer)

18

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 19: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

_ (ii) Alternate I (June 2003) of 52219-23

_ (15) 52219-25 Small Disadvantaged Business Participation Programshy

Disadvantaged Status and Reporting (Apr 2008) (Pub L 103-355 section 7102 and 10

USc 2323)

(16) 52219-26 Small Disadvantaged Business Participation Programshy

Incentive Subcontracting (Oct 2000) (Pub L 103-355 section 7102 and 10 USC

2323)

(17) 52219-27 Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 USc 657 t)

_ (18) 52219-28 Post Award Small Business Program Rerepresentation (Apr

2009) (15 USc 632(a)(2))

X_ (19) 52222-3 Convict Labor (june 2003) (EO 11755)

X_ (20) 52222-19 Child Labor----Cooperation with Authorities and Remedies

(Aug 2009)(EO l3126)

X_ (21) 52222-21 Prohibition of Segregated Facilities (Feb 1999)

X_ (22) 52222-26 Equal Opportunity (Mar 2007) (BO 11246)

X_ (23) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

X_ (24) 52222-36 Affirmative Action for Workers with Disabilities (lun 1998)

(29 USc 793)

_ (25) 52222-37 Employment Reports on Special Disabled Veterans Veterans of

the Vietnam Era and Other Eligible Veterans (Sept 2006) (38 USC 4212)

_ (26) 52222-54 Employment Eligibility Verification (Jan 2009) (Executive

Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf

items or certain other types of commercial items as prescribed in 221803)

19

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 20: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(27)(i) 52223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 USC 6962(c)(3)(A)(iiraquo (Not applicable to the

acquisition of commercially available off-the-shelf items)

(ii) Alternate I (May 2008) of 52223-9 (42 USC 6962(i)(2)(Craquo (Not applicable to the acquisition of commercially available off-the-shelf items)

_ (28) 52223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 USC 8259b)

_ (29)(i) 52223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (EO 13423)

(ii) Alternate I (Dec 2007) of 52223-16

_ (30) 52225-1 Buy American Act-Supplies (Feb 2009) (41 USC 10a-IOd)

_ (31 )(i) 52225-3 Buy American Act-Free Trade Agreements-Israeli Trade

Act (June 2009)(41 USCI0a-IOd 19USC3301 note 19USC2112note 19

USc 3805 note Pub L 108-77 108-78 108-286 108-302 109-53 109-169 109-283

and 110-138)

(ii) Alternate I (Jan 2004) of 52225-3

_ (iii) Alternate II (Jan 2004) of 52225-3

_ (32) 52225-5 Trade Agreements (Aug 2009) (19 USC 2501 et seq 19 USC

3301 note)

_ (33) 52225-13 Restrictions on Certain Foreign Purchases (June 2008) (EOs

proclamations and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

_ (34) 52226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

USc 5150)

(35) 52226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 USC 5150)

20

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 21: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(36) 52232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 USC 255(t) 10 USC 2307(t)

_ (37) 52232-30 Installment Payments for Commercial Items (Oct 1995) (41 USC 255(t) 10 USC 2307(t)

X_ (38) 52232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration (Oct 2003) (31 USC 3332)

(39) 52232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 USc 3332)

_ (40) 52232-36 Payment by Third Party (Feb 2010) (31 USC 3332)

(41) 52239-1 Privacy or Security Safeguards (Aug 1996) (5 USC 552a)

_ (42)(i) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels (Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631)

_ (ii) Alternate I (Apr 2003) of52247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c)

applicable to commercial services that the Contracting Officer has indicated as being

incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items

[Contracting Officer check as appropriate]

(1) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

_ (2) 52222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 USC 206 and 41 USC 351 et seq)

(3) 52222-43 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

_ (4) 52222-44 Fair Labor Standards Act and Service Contract Act-Price

Adjustment (Sep 2009) (29 USC 206 and 41 USC 351 et seq)

21

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 22: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

_ (5) 52222-51 Exemption from Application ofthe Service Contract Act to

Contracts for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007) (41 351 et seq)

(6) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

(7) 52226middot6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub L 110-247)

_ (8) 52237-11 Accepting and Dispensing of$1 Coin (Sept 2008) (31 USC 5Il2(p)(1 ))

(d) Comptroller General Examination of Record The Contractor shall comply with

the provisions ofthis paragraph (d) if this contract was awarded using other than sealed

bid is in excess of the simplified acquisition threshold and does not contain the clause at

52215-2 Audit and Records-Negotiation

(1) The Comptroller General of the United States or an authorized representative of

the Comptroller General shall have access to and right to examine any of the

Contractors directly pertinent records involving transactions related to this contract

(2) The Contractor shall make available at its offices at all reasonable times the

records materials and other evidence for examination audit or reproduction until 3

years after final payment under this contract or for any shorter period specified in FAR Subpart 47 Contractor Records Retention of the other clauses of this contract If this

contract is completely or partially terminated the records relating to the work terminated

shaH be made available for 3 years after any resulting final termination settlement

Records relating to appeals under the disputes clause or to litigation or the settlement of

claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved

(3) As used in this clause records include books documents accounting procedures

and practices and other data regardless of type and regardless of form This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw

22

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 23: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a) (b) (c)

and (d) of this clause the Contractor is not required to flow down any FAR clause other

than those in this paragraph (e)(I) in a subcontract for commercial items Unless

otherwise indicated below the extent of the flow down shall be as required by the clauseshy

(i) 52203-13 Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub L 110-252 Title VI Chapter I (41 USC 251 noteraquo

(ii) 52219-8 Utilization of Small Business Concerns (May 2004) (15 USc

637(d)(2) and (3)) in all subcontracts that offer further subcontracting opportunities If

the subcontract (except subcontracts to small business concerns) exceeds $550000

($1000000 for construction of any public facility) the subcontractor must include

52219-8 in lower tier subcontracts that offer subcontracting opportunities

(iii) [Reserved]

(iv) 52222-26 Equal Opportunity (Mar 2007) (EO 11246)

(v) 52222-35 Equal Opportunity for Special Disabled Veterans Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006) (38 U SC 4212)

(vi) 52222-36 Affirmative Action for Workers with Disabilities (June 1998) (29

USC 793)

(vii) [Reserved]

(viii) 52222-41 Service Contract Act of 1965 (Nov 2007) (41 USC 351 et seq)

(ix) 52222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 71 04(g)

_Alternate I (Aug 2007) of52222-50 (22 USC 7104(graquo

(x) 52222-51 Exemption from Application ofthe Service Contract Act to Contracts

for Maintenance Calibration or Repair of Certain Equipment-Requirements (Nov 2007)

(41 USC 351 et seq)

(xi) 52222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (Feb 2009) (41 USC 351 et seq)

23

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 24: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

(xii) 52222-54 Employment Eligibility Verification (Jan 2009)

(xiii) 52226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar

2009) (Pub L 110-247) Flow down required in accordance with paragraph (e) of FAR

clause 52226-6

(xiv) 52247-64 Preference for Privately Owned US-Flag Commercial Vessels

(Feb 2006) (46 USC Appx 1241(b) and 10 USC 2631) Flow down required in

accordance with paragraph (d) of FAR clause 52247-64

(2) While not required the contractor may include in its subcontracts for

commercial items a minimal number of additional clauses necessary to satisfy its

contractual obligations

(End of clause)

24

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25

Page 25: CPSC.gov | - SOLICITATIONfCONTRACT/ORDER FOR ...(513) 608-8572 cell 1 REQUISITION NUMBER REQ-2400-10-0191 5, SOLICITATION NUMBER CPSC-Q-10-0105 b TELEPHONE NUMBeR 301-504-7033 10,

52247-34 - FOB DESTINATION (Nov 1991)

(a) The term fob destination as used in this clause meansshy(1) Free of expense to the Government on board the carriers conveyance at a specified

delivery point where the consignees facility (plant warehouse store lot or other location to which shipment can be made) is located and

(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export) warehouse unloading platform or receiving dock at the expense of the Contractor The Government shall not be liable for any delivery storage demurrage accessorial or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination unless such charges are caused by an act or order of the Government acting in its contractual capacity If rail carrier is used supplies shall be delivered to the specified unloading platform of the consignee If motor carrier (inCluding piggyback) is used supplies shall be delivered to truck tailgate at the unloading platform of the consignee except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freightmiddot When supplies meeting the requirements of the referenced Item 568 are delivered unloading (including movement to the tailgate) shall be performed by the consignee with assistance from the truck driver if requested If the contractor uses rail carrier or freight forwarded for less than carload shipments the contractor shall ensure that the carrier will furnish tailgate delivery when required if transfer to truck is required to complete delivery to consignee

(b) The Contractor shall shy(1)(i) Pack and mark the shipment to comply with contract specifications or

(ii) In the absence of specifications prepare the shipment in conformance with carrier requirements

(2) Prepare and distribute commercial bills of lading (3) Deliver the shipment in good order and condition to the point of delivery speCified in the

contract (4) Be responsible for any loss of andor damage to the goods occurring before receipt of

the shipment by the consignee at the delivery point specified in the contract (5) Furnish a delivery SChedule and designate the mode of delivering carrier and (6) Pay and bear all charges to the specified point of delivery

(End of clause)

25